GSK Stockmann provided state aid law advice to NPorts GmbH & Co KG (NPorts) in connection with the expansion of the seaport of Cuxhaven. The new berths nos. 5 to 7 are to be built as a solution to the bottleneck in the offshore expansion of port space and quay capacity on the German coast.
NPorts, the port infrastructure company of the state of Lower Saxony, plans to construct three new berths with a total length of approx. 1,250 metres. The investment costs for the project amount to EUR 300 million. NPorts is currently conducting a concession award procedure for transhipment companies to operate the new berths and is preparing to award the construction contracts.
The need for the port expansion is driven by German and European climate targets and the associated expansion targets for wind energy, particularly offshore. Achieving these targets requires port areas that are suitable for handling wind turbines and their components. The project is being funded by the state of Lower Saxony and the German federal government, with each providing a grant of EUR 100 million.
This partial public financing of the project constitutes state aid under European law, and must therefore be authorised by the European Commission. Germany submitted the aid notification directly without pre-notification contact on 23 April 2024. The European Commission approved the aid on 3 September 2024 (SA.113780(2024/N)). This was the fastest notification procedure for port infrastructure aid of this magnitude in Germany to date, having taken just over four months.
A GSK Stockmann team led by Arne Gniechwitz advised NPorts throughout the preparation and notification process with the European Commission. The team from NPorts and GSK Stockmann worked closely with the Lower Saxony Ministry of Economic Affairs, Transport, Building and Digitalisation and the Federal Ministry for Digital and Transport.
Advisers of NPorts GmbH & Co. KG at GSK Stockmann:
Dr Arne Gniechwitz (lead, notification procedure, state aid law), Niklas Baasch, Julia Schoeler (state aid law), Rebecca Comtesse (finance), Dr Oliver Koos, Robin Koza (civil law)
